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Chapter 7 - Visitation Rights

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CHAPTER 7 - VISITATION RIGHTS 20-7-101.Establishing grandparents' visitation rights. (a)A grandparent may bring an original action against anyperson having custody of the grandparent's minor grandchild to establishreasonable visitation rights to the child.If the court finds, after ahearing, that visitation would be in the best interest of the child and thatthe rights of the child's parents are not substantially impaired, the courtshall grant reasonable visitation rights to the grandparent.In any actionunder this section for which the court appoints a guardian ad litem, thegrandparent shall be responsible for all fees and expenses associated with theappointment. (i)Repealed By Laws 1997, ch. 71, 2. (ii)Repealed By Laws 1997, ch. 71, 2. (iii)Repealed By Laws 1997, ch. 71, 2. (b)Repealed By Laws 1997, ch. 71, 2. (c)No action to establish visitation rights may be brought bya grandparent under subsection (a) of this section if the minor grandchild hasbeen adopted and neither adopting parent is related by blood to the child. (d)In any action or proceeding in which visitation rights havebeen granted to a grandparent under this section, the court may for good causeupon petition of the person having custody or who is the guardian of the child,revoke or amend the visitation rights granted to the grandparent. (e)As used in this section: (i)"Grandparent" includes a great-grandparent; and (ii)"Grandchild" includes a great-grandchild. 20-7-102.Establishing primary caregivers' visitation rights. (a)With notice or reasonable efforts toprovide notice to the noncustodial parent, a person may bring an original action against any personhaving custody of the child to establish reasonable visitation rights to thechild if the person bringing the original action has been the primary caregiverfor the child for a period of not less than six (6) months within the previouseighteen (18) months. If the court finds, after a hearing, that visitationwould be in the best interest of the child and that the rights of the child'sparents are not substantially impaired, the court shall grant reasonablevisitation rights to the primary caregiver.In any action under this sectionfor which the court appoints a guardian ad litem, the person bringing theoriginal action under this section shall be responsible for all fees andexpenses associated with the appointment. (b)No action to establish visitation rights under subsection(a) of this section may be brought by a person related to the child by blood orby a person acting as primary caregiver for the child prior to the adoption ofthe minor child when neither adopting parent is related by blood to the child. (c)In any action or proceeding in which visitation rights havebeen granted to a primary caregiver under this section, the court may for goodcause upon petition of the person having custody or who is the guardian of thechild, revoke or amend the visitation rights granted to the primary caregiver.
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  • CHAPTER 7 - VISITATION RIGHTS

     

    20-7-101. Establishing grandparents' visitation rights.

     

    (a) A grandparent may bring an original action against anyperson having custody of the grandparent's minor grandchild to establishreasonable visitation rights to the child. If the court finds, after ahearing, that visitation would be in the best interest of the child and thatthe rights of the child's parents are not substantially impaired, the courtshall grant reasonable visitation rights to the grandparent. In any actionunder this section for which the court appoints a guardian ad litem, thegrandparent shall be responsible for all fees and expenses associated with theappointment.

     

    (i) Repealed By Laws 1997, ch. 71, 2.

     

    (ii) Repealed By Laws 1997, ch. 71, 2.

     

    (iii) Repealed By Laws 1997, ch. 71, 2.

     

    (b) Repealed By Laws 1997, ch. 71, 2.

     

    (c) No action to establish visitation rights may be brought bya grandparent under subsection (a) of this section if the minor grandchild hasbeen adopted and neither adopting parent is related by blood to the child.

     

    (d) In any action or proceeding in which visitation rights havebeen granted to a grandparent under this section, the court may for good causeupon petition of the person having custody or who is the guardian of the child,revoke or amend the visitation rights granted to the grandparent.

     

    (e) As used in this section:

     

    (i) "Grandparent" includes a great-grandparent; and

     

    (ii) "Grandchild" includes a great-grandchild.

     

    20-7-102. Establishing primary caregivers' visitation rights.

     

    (a) With notice or reasonable efforts toprovide notice to the noncustodial parent, a person may bring an original action against any personhaving custody of the child to establish reasonable visitation rights to thechild if the person bringing the original action has been the primary caregiverfor the child for a period of not less than six (6) months within the previouseighteen (18) months. If the court finds, after a hearing, that visitationwould be in the best interest of the child and that the rights of the child'sparents are not substantially impaired, the court shall grant reasonablevisitation rights to the primary caregiver. In any action under this sectionfor which the court appoints a guardian ad litem, the person bringing theoriginal action under this section shall be responsible for all fees andexpenses associated with the appointment.

     

    (b) No action to establish visitation rights under subsection(a) of this section may be brought by a person related to the child by blood orby a person acting as primary caregiver for the child prior to the adoption ofthe minor child when neither adopting parent is related by blood to the child.

     

    (c) In any action or proceeding in which visitation rights havebeen granted to a primary caregiver under this section, the court may for goodcause upon petition of the person having custody or who is the guardian of thechild, revoke or amend the visitation rights granted to the primary caregiver.

     

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